Chattisgarh High Court
Saroj Dahre vs State Of Chhattisgarh on 18 October, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 292 of 2021
Saroj Dahre W/o Lokeshwar Kumar Dahre Aged About 39 Years R/o H.No.
21/ A Secoter 3 Balco Nagar District Korba, Chhattisgarh.
---- Appellant
Versus
1. State of Chhattisgarh Through Secretary, Department of School
Education, Chhattisgarh, Mahanadi Bhawan, Naya Raipur,
Chhattisgarh.
2. Office of Chief Executive Officer, District Panchayat Korba, Rampur,
Korba, Chhattisgarh 495683.
3. Secretary, Office of District Education Officer Korba, Irrigation
Colony Korba, Chhattisgarh.
4. Assistant Project Officer, Education Establishment, District
Panchayat Korba, Chhattisgarh.
5. General Administration Committee, District Panchayat Korba,
Chhattisgarh.
---- Respondents
(Cause-title taken from Case Information System)
______________________________________________________________
For Appellant : Mr. Syed Isshadil Ali, Advocate.
For Respondents : Mr. Jitendra Pali, Deputy Advocate General
___________________________________________________________
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Sanjay Agrawal, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
18.10.2022
Heard Mr. Syed Ishaddil Ali, learned counsel for the appellant. Also
heard Mr. Jitendra Pali, learned Deputy Advocate General, appearing for
respondents.
2. This writ appeal is presented against an order dated 10.06.2021
passed by the learned Single Judge in WP(S) No. 2102 of 2021,
dismissing the writ petition on the ground of delay and laches.
3. The petitioner was appointed as Siksha Karmi Grade-II on
03.03.2007.
4. Case projected by the petitioner is that she was suffering from
Systemic lupus erythematosus and was absent from duty from
15.09.2012. A medical certificate dated 15.09.2012 was submitted stating
that she will be requiring 16-17 months for restoration of her health. A
show-cause notice dated 01.02.2014 was issued to explain her absence
from duty from 15.09.2012 till 01.02.2014. Another show-cause notice
was issued on 10.04.2014 on the subject. Subsequently, by an order
dated 22.05.2015 service of the petitioner was terminated.
5. In the medical certificate dated 15.09.2012, it is definitely not
indicated that the petitioner is suffering from Systemic lupus
erythematosus. Even the petitioner is unable to say, on a question being
asked, as to what was written by the Doctor with regard to the illness of
the petitioner. No other medical documents in connection with any
treatment taken or certificates demonstrating her illness during the
relevant period have been produced. However, some medical documents
pertaining to the year 2020 are produced. The same, in our considered
opinion, are not relevant for the purpose of the present case.
6. The writ petition was filed on 15.03.2021 i.e. after more than six
years of the passing of the order dated 22.05.2015.
7. It is in the background of the above facts and circumstances that the
learned Single Judge has taken a view that the writ petition ought not to be
entertained on the ground of delay and laches.
8. In the attending facts and circumstances of the case, we subscribe
to the view taken by the learned Single Judge and hold that it is not a fit
case for exercising our power under Article 226 of the Constitution of India.
9. Resultantly, the writ appeal is dismissed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
Chief Justice Judge
Chandra
